Terms of Use
Last updated: March 17, 2025

 

Dental Shop, LLC, a Florida limited liability company (“Dental Shop“, “we“, “us” or “our“), owns and operates the website, www.thedentalshop.us, the mobile and touch versions, and any sites we have now or in the future that reference these Terms of Use (collectively, “Site“). By using the Site and Dental Shop’s services through the Site, you agree to these Terms of Use (defined below) and any additional terms applicable to certain programs in which you may elect to participate. You also agree to our Privacy Policy, including our Cookie Policy, located at https://www.thedentalshop.us/privacy, and acknowledge that you will regularly visit the Terms of Use (defined below) to familiarize yourself with any updates. The Privacy Policy, together with these Terms of Use, and any other terms contained herein or incorporated herein by reference, are collectively referred to as the “Terms of Use.” The term “using” also includes any person or entity that accesses or uses the Site with crawlers, robots, data mining or extraction tools or any other functionality.

IF YOU DO NOT AGREE TO THESE TERMS OF USE, IMMEDIATELY STOP USING THE SITE AND DO NOT USE ANY DENTAL SHOP SERVICE, PARTICIPATE IN ANY PROGRAM, OR OBTAIN ANY OTHER GOOD OR SERVICE OFFERED THROUGH THE SITE.

Definitions

For the purposes of these Terms of Use:

  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
  • Account means a unique account created for You to access our Service or parts of our Service.
  • Country refers to the United States of America.
  • Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Dental Shop, LLC, 6601 S Tamiami Trail, Suite 178, Sarasota, Florida 34231.
  • Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
  • Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
  • Free Trial refers to a limited period of time that may be free when purchasing a Subscription.
  • Service refers to the Website.
  • Subscriptions refer to the services or access to the Service offered on a subscription basis by the Company to You.
  • Terms of Use (also referred as “Terms”) mean these Terms of Use that form the agreement between You and the Company regarding the use of the Service.
  • Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
  • Website refers to Dental Shop, accessible from www.thedentalshop.us.
  • You means the individual accessing or using the Service, or the Company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Ownership of the Site
The Site, any content on the Site and the infrastructure used to provide the Site are proprietary to us, our affiliates, advertisers who we allow to display commercial content (each an “Advertiser”, and collectively the “Advertisers”) and other content providers. By using the Site and accepting these Terms of Use: (a) Dental Shop grants you a limited, temporary, personal, nontransferable, nonexclusive, revocable license to use the Site pursuant to these Terms of Use and to any additional terms and policies set forth from time to time by Dental Shop; and (b) you agree not to reproduce, distribute, create derivative works from, publicly display, license, sell or re-sell any content, software, products or services obtained from or through the Site without the prior express written permission of Dental Shop.

Use of the Site
As a condition of your use of the Site, you agree, and represent, warrant and covenant in favor of Dental Shop, that:

  • You are not barred from receiving products or services under applicable law
  • You will not attempt to use the Site with crawlers, robots, data mining or extraction tools or any other functionality;
  • Your use of the Site will at all times comply with these Terms of Use;
  • You have the right to provide any and all information you submit to the Site, and all such information is accurate, true, current and complete; and
  • You will update and correct information you have submitted to the Site and ensure that it is accurate at all times (out-of-date information will invalidate your account).

Access to the Site
Dental Shop retains the right, at our sole discretion, to deny service or use of the Site or an account to anyone at any time and for any reason. While we use reasonable efforts to keep the Site and your account accessible, the Site and/or your account may be unavailable from time to time. You understand and agree that there may be interruptions in service or events, Site access, or access to your account due to circumstances both within our control (e.g., routine maintenance) and outside of our control.

Subscriptions

Subscription period

The Service or some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly or annually), depending on the type of Subscription plan you select when purchasing the Subscription.  At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it.

 

Subscription cancellations

You may cancel Your Subscription renewal either through Your Account settings page or by contacting the Company. You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access the Service until the end of Your current Subscription period.

Billing

You shall provide the Company with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information.  Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Fee Changes

The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.  The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.  Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.

Refunds

Except when required by law, paid Subscription fees are non-refundable.  Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.

Free Trial

The Company may, at its sole discretion, offer a Subscription with a Free Trial for a limited period of time.  You may be required to enter Your billing information in order to sign up for the Free Trial.  If You do enter Your billing information when signing up for a Free Trial, You will not be charged by the Company until the Free Trial has expired. On the last day of the Free Trial period, unless You canceled Your Subscription, You will be automatically charged the applicable Subscription fees for the type of Subscription You have selected.  At any time and without notice, the Company reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

Your Account
You are responsible for updating and correcting information you have submitted to create or maintain your account. As part of your account settings, you have the option to: (a) save, edit or delete your personal information; and (b) opt-out of persistent login. You understand and agree that Dental Shop shall have no responsibility for any incident arising out of, or related to, your account settings. You must safeguard your password and supervise the use of your account. You are solely responsible for maintaining the security of your account and maintaining settings that reflect your preferences. We will assume that anyone using the Site or transacting through your account is you. You agree that you are solely responsible for any activity that occurs under your account.

Modification
We reserve the right at all times to discontinue or modify any part of these Terms of Use in our sole discretion. If we make changes that affect your use of the Site or our services, we will post notice of the change on the Terms of Use page. Any changes to these Terms of Use will be effective upon our posting of the notice. If you do not agree to the changes, you should not use the Site or any services offered through the Site after the effective date of the changes. We suggest that you revisit our Terms of Use regularly to ensure that you stay informed of any changes. You agree that posting notice of any changes on the Terms of Use page is adequate notice to advise you of these changes, and that your continued use of the Site or our services will constitute acceptance of these changes and the Terms of Use as modified.

Your Conduct
All interactions on the Site must comply with these Terms of Use. To the extent your conduct, in our determination in our sole discretion, restricts or inhibits any other user from using or enjoying any part of the Site, we may limit or terminate your privileges on the Site and seek other remedies, including, without limitation, cancellation of your account.

The following activities are prohibited on the Site and constitute violations of these Terms of Use:

  • Submitting any content to the Site that:
    • Violates applicable laws (including, without limitation, intellectual property laws, laws relating to rights of privacy and publicity, and laws related to defamation);
    • Contains personal information, except when we expressly ask you to provide such information;
    • Contains viruses or malware;
    • Offers unauthorized downloads of any copyrighted, confidential or private information;
    • Has the effect of impersonating others;
    • Contains messages by non-spokesperson employees of Dental Shop purporting to speak on behalf of Dental Shop or provides confidential information concerning Dental Shop;
    • Contains chain letters of any kind;
    • Is purposely inaccurate, commits fraud or falsifies information in connection with your Dental Shop account or to create multiple Dental Shop accounts; or
    • Is protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right.
  • Attempting to do or actually doing any of the following:
    • Accessing data not intended for you, such as logging into a server or an account which you are not authorized to access;
    • Scanning or monitoring the Site for data gathering purposes in an effort to track sales, usage, aggregate offering information, pricing information or similar data;
    • Scanning or testing the security or configuration of the Site or breaching security or authentication measures; or
    • Interfering with service to any user in any manner, including, without limitation, by means of submitting a virus to the Site or attempting to overload, “flood,” “spam,” “mail bomb” or “crash” the Site.
  • Using any of the following:
    • Frames, framing techniques or framing technology to enclose any content included on the Site without our express written permission;
    • Any Site content, including, without limitation, User Content (defined below), in any meta tags or any other “hidden text” techniques or technologies without our express written permission;
    • The Site or any of its contents to advertise or solicit, for any commercial, political or religious purpose, or to compete, directly or indirectly, with Dental Shop; or
    • The Site or any of its resources to solicit consumers, Advertisers or other third parties to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with Dental Shop.
  • Collecting any of the following:
    • Content from the Site, including, without limitation, content to consumers, in any manner that diverts traffic from the Site without our express written permission; or
    • Personal Information (defined in our Privacy Statement), User Content (defined in “Disclaimer of Warranty” below) or content of any users.
  • Engaging in any of the following:
    • Tampering or interfering with the proper functioning of any part, page or area of the Site or any functions or services provided by Dental Shop;
    • Taking any action that places excessive demand on our services or imposes, or may impose, an unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as determined in our sole discretion);
    • Reselling or repurposing your access to the Site;
    • Accessing, monitoring or copying any content from the Site using any “robot,” “spider,” “scraper” or other automated means or any manual process for any purpose without our express written permission;
    • Violating the restrictions in any robot exclusion headers on the Site or bypassing or circumventing other measures employed to prevent or limit access to the Site;
    • Aggregating any content or other information from the Site (whether using links or other technical means or physical records) with material from other sites or on a secondary site without our express written permission;
    • Deep-linking to any portion of the Site without our express written permission;
    • Hyperlinking to the Site from any other website without our initial and ongoing written consent; or
    • Acting illegally or maliciously against the business interests or reputation of Dental Shop, our Advertisers or our services.

Your Privacy
We take the privacy of your personal data seriously. We encourage you to carefully review our Privacy Policy for important disclosures about ways that we may collect, use, and share personal data and your choices. Our Privacy Policy is incorporated into these Terms of Use, and available here.

Copyright and Trademarks
The Site contains copyrighted material, trademarks, and other proprietary information, including, without limitation, text, software, photos, video, graphics, music and sound, and the entire contents of the Site are protected by copyright, trademark, and other intellectual property laws of the United States. Dental Shop owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, distribute, publish, transmit, publicly display, publicly perform, participate in the transfer or sale, create derivative works or in any way exploit any of the content, in whole or in part. Except as otherwise expressly provided under copyright law, no downloading, copying, redistribution, retransmission, publication or commercial exploitation of the content without the express permission of Dental Shop or the copyright owner is permitted. If downloading, copying, redistribution, retransmission or publication of copyrighted material is permitted, you will make independent attribution and/or make no changes in or deletion of any author attribution, trademark legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Any violation of these restrictions may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.

The mark “Dental Shop,” the Dental Shop logo(s), and variations thereof found on the Site are trademarks owned by Dental Shop or its related entities and all use of these marks inures to the benefit of Dental Shop. “Dental Shop” is a trademark registered, or for which a registration application has or will be filed, in the United States of America.

Other marks on the Site not owned by Dental Shop may be under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of Dental Shop unless otherwise stated, or may be the property of their respective owners. You may not use Dental Shop’s name, logos, trademarks or brands, or trademarks or brands of others on the Site, without Dental Shop’s express written permission.

Unsolicited Ideas
We do not accept or consider, directly or through any Dental Shop employee or agent, unsolicited ideas of any kind, including, without limitation, ideas or suggestions relating to new or improved products, enhancements, names or technologies, advertising and marketing campaigns, plans or other promotions. Please do not send us (or any of our employees) any unsolicited ideas, suggestions, material, images or other work in any form (“Unsolicited Materials”). If you send us Unsolicited Materials, you understand and agree that the following terms will apply, notwithstanding any cover letter or other terms that accompany them:

  • Dental Shop has no obligation to review any Unsolicited Materials, nor to keep any Unsolicited Materials confidential; and
  • Dental Shop will own, and may use and redistribute, Unsolicited Materials for any purpose without restriction and free of any obligation to acknowledge or compensate you.

Infringement Reporting Procedures and Digital Millennium Copyright Act (DMCA) Procedures

  • Infringement Reporting Procedures. If you own copyright, trademark, patent or other intellectual property rights (“IP Rights Owner“), or if you are an agent authorized to act on the IP Rights Owner’s behalf (“Authorized Agent“), and you have a good faith belief that material or products on the Site infringe the IP Rights Owner’s copyright, trademark, or other intellectual property right, and you would like to bring it to Dental Shop’s attention, you can report your concern(s) by submitting your complaint in writing to Andrea Berk at 6601 S. Tamiami Trail, Suite 178, Sarasota, Florida 34231.
  • DMCA Procedures. Dental Shop reserves the right to terminate your or any third party’s right to use the Site if such use infringes the copyright(s) of another. Dental Shop may, under appropriate circumstances and at its sole discretion, terminate your or any third party’s right to access to the Site, if Dental Shop determines that you or a third party is a repeat infringer. If you believe that any material has been posted via the Site by any third party in a way that constitutes copyright infringement, and you would like to bring it to Dental Shop’s attention, you must provide Dental Shop’s DMCA Agent identified below with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification of the copyrighted work and the location on the Site of the allegedly infringing work; (c) a written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent or applicable law; (d) your name and contact information, including, without limitation, telephone number and email address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.

The contact information for Dental Shop’s DMCA Agent for notice of claims of copyright infringement is: Dental Shop, LLC, Attn: Corrine Baxter, 10945 State Bridge Road, Suite 401-471, Alpharetta, GA 30022.

Disclaimer of Warranty

YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NONE OF DENTAL SHOP, ITS SUBSIDIARIES OR AFFILIATES, OR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, ADVERTISERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED, SECURE, VIRUS-FREE OR ERROR-FREE, NOR DO THEY MAKE ANY WARRANTY AS TO (A) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR (B) THE ACCURACY, COMPLETENESS OR RELIABILITY OF (I) THE CONTENT ON THE SITE, INCLUDING, WITHOUT LIMITATION, ADVERTISER OFFERINGS OR OTHER AVAILABLE PROGRAMS, (II) DESCRIPTIONS OF ADVERTISER OFFERINGS OR OTHER AVAILABLE PROGRAMS, OR (III) USER CONTENT PROVIDED THROUGH THE SITE. THE SITE AND ALL CONTENT, USER CONTENT AND OTHER INFORMATION CONTAINED ON THE SITE, ADVERTISER OFFERINGS AND OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE SITE, ARE MADE ACCESSIBLE OR AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE EXTENT ALLOWED BY APPLICABLE LAW, Dental Shop HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, AS TO THE OPERATION OF THE SITE OR THE CONTENT, USER CONTENT OR OTHER INFORMATION CONTAINED ON THE SITE OR THE ADVERTISER OFFERINGS OR OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, THOSE OF TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, ADVERTISERABILITY, MERCHANTABILITY, SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING.

Limitation of Liability

IN NO EVENT SHALL DENTAL SHOP, ITS SUBSIDIARIES OR AFFILIATES, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, ADVERTISERS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, LOST PROFIT, LOST BUSINESS, OR PUNITIVE DAMAGES ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH ANY OF THE FOLLOWING: (A) YOUR USE OF THE SITE, THE CONTENT, USER CONTENT, INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INFORMATION, AND ANY OTHER INFORMATION EITHER CONTAINED IN THE SITE OR SUBMITTED BY TO YOU TO THE SITE; (B) YOUR INABILITY TO USE THE SITE; (C) MODIFICATION OR REMOVAL OF CONTENT SUBMITTED ON THE SITE; (D) THE ADVERTISER OFFERINGS AND OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE SITE; (E) ANY PRODUCTS OR SERVICES OTHER THAN ADVERTISER OFFERINGS PURCHASED OR OBTAINED FROM A ADVERTISER; (F) THESE TERMS OF USE; OR (G) ANY IMPROPER USE OF INFORMATION YOU PROVIDE TO THE SITE, INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INFORMATION. IN NO EVENT WILL DENTAL SHOP’S LIABILITY IN CONNECTION WITH AN ADVERTISER OFFERING AND OTHER AVAILABLE PROGRAMS EXCEED THE AMOUNTS PAID FOR THE APPLICABLE COUPON. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH (A)-(G) ABOVE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

 

 

Electronic Communications

When you use the Site or send emails to Dental Shop, you are communicating with us electronically and consent to receive electronic communications related to your use of the Site. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. Notices from us will be considered delivered to you and effective when sent to the email address you provide on the Site or from which you otherwise email us.

Websites of Others

The Site may contain links to websites maintained by other parties. These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents on such websites. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites. If you decide to access websites maintained by other parties, you do so at your own risk. We are not responsible or liable, directly or indirectly, for any damage, loss or liability caused or alleged to be caused by or in connection with any use of or reliance on any content, Products or services available on or through any such linked site or resource.

Indemnification/Release

You agree to defend, indemnify and hold harmless Dental Shop, its subsidiaries and affiliates, and their respective directors, officers, employees and agents from and against all claims and expenses, including, without limitation, reasonable attorneys’ fees, arising out of, related to, or in connection with any of the following: (a) any Advertiser Offerings purchased by you through the Site or any additional products or services purchased or obtained by you from any Advertiser; (b) any User Content submitted or posted by you, in connection with the Site, or any use of the Site in violation of these Terms of Use; (c) fraud you commit or your intentional misconduct or gross negligence; or (d) your violation of any applicable U.S. or foreign law or rights of a third party.

You are solely responsible for your interactions with Advertisers and other users of the Site. To the extent permitted under applicable laws, you hereby release Dental Shop from any and all claims or liability related to any product or service of an Advertiser, regardless of whether such product or service is an Advertiser Offering available through the Site, any action or inaction by an Advertiser, including, without limitation, any harm caused to you by action or inaction of an Advertiser, an Advertiser’s failure to comply with applicable law and/or failure to abide by the terms of an Advertiser Offering or any other product or service purchased or obtained by you from the Advertiser, and any conduct, speech or User Content, whether online or offline, of any other third-party.

Force Majeure

Dental Shop shall be excused from performance under these Terms of Use to the extent it is prevented or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from: (a) weather conditions or other elements of nature or acts of God; (b) acts of war, acts of terrorism, insurrection, riots, pandemic, civil disorders or rebellion; (c) quarantines or embargoes; (d) labor strikes; (e) error or disruption to major computer hardware or networks or software failures; or (f) other causes beyond the reasonable control of Dental Shop.

Assignment
You may not assign these Terms of Use, or any rights, benefits or obligations hereunder, by operation of law or otherwise, without the express written permission of Dental Shop. Any attempted assignment that does not comply with these Terms of Use shall be null and void. Dental Shop may assign these Terms of Use, in whole or in part, to any third party in its sole discretion.

Entire Agreement
The Terms of Use, including, without limitation, the incorporated Privacy Policy, including the Cookie Policy, and other terms incorporated by reference, constitute the entire agreement and understanding between you and Dental Shop with respect to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and Dental Shop with respect to such subject matter.

Choice of Law

Any disputes arising out of or related to these Terms of Use and/or any use by you of the Site or Dental Shop’s services shall be governed by the laws of the State of Florida, without regard to its choice of law rules and without regard to conflicts of laws principles.

Dispute Resolution

(a) Binding Arbitration. Except as specifically stated herein, any dispute or claim between you and Dental Shop arising out of, relating in any way to, or in connection with these Terms of Use, the Site or your use of the Site, or any Advertiser Offerings or services offered or distributed through the Site (“Disputes”) shall be resolved exclusively by final, binding arbitration; except that you may bring a qualifying claim over a Dispute in a small claims court. By virtue of this Dispute Agreement (defined below), you and Dental Shop are each giving up the right to go to court and have a Dispute heard by a judge or jury (except as otherwise set forth in this subsection (a) or subsection (d) below). The provisions of this Section shall constitute your and Dental Shop’s written agreement to arbitrate Disputes under the Federal Arbitration Act (“Dispute Agreement”). Any modification to this Agreement shall be in writing and signed by you and Dental Shop. The arbitration will be administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to its rules, including, without limitation, the AAA’s Supplementary Procedures for Consumer-Related Disputes, available at http://www.adr.org. The arbitrator will apply and be bound by this Agreement, apply applicable law to the facts as determined by the arbitrator, and issue a reasoned award.

To begin an arbitration proceeding, you must comply with the limitations provision set forth in subsection (e) below and submit the Dispute by utilizing the forms available at http://www.adr.org, and simultaneously sending a copy of the completed form to: Dental Shop, LLC, ATTN: Andrea Berk, 6601 S. Tamiami Trail, Suite 178, Sarasota, Florida 34231. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. Dental Shop will reimburse those fees for Disputes totaling less than Five Thousand Dollars ($5,000.00) at issue unless the arbitrator determines the Dispute is frivolous. Likewise, Dental Shop will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the Dispute is frivolous. The arbitration will be conducted based upon written submissions unless you request and/or the arbitrator determines that a telephone or in-person hearing is necessary.

(b) No Class Action Matters. We each agree that we shall bring any Dispute against the other in our respective individual capacities and not as a plaintiff or class member in any purported class or representative proceeding or as an association. In addition, we each agree that Disputes shall be arbitrated only on an individual basis and not in a class, consolidated or representative action. The arbitrator shall not have the power to vary these provisions.

(c) Choice of Law and Forum; No Jury Trial. If for any reason a Dispute proceeds in court: (i) except with respect to a qualifying claim over a Dispute in a small claims court, you agree that any such Dispute may only be instituted in a state or federal court in Sarasota County, Florida; (ii) you and Dental Shop irrevocably consent and submit to the exclusive personal jurisdiction and venue of such courts for resolution of such Disputes; (iii) you and Dental Shop agree that the Federal Arbitration Act, the AAA rules, applicable federal law and the laws of the State of Florida, without regard to principles of conflicts of law, will govern this Dispute Agreement and any Disputes; and (iv) you and Dental Shop agree to waive any right to a trial by jury.

(d) Injunctive Relief. Notwithstanding anything to the contrary in this Dispute Agreement, either party may bring suit in court seeking an injunction or other equitable relief arising out of or relating to the infringement of a party’s intellectual property or any conduct that violates the Section of these Terms of Use above entitled “Your Conduct”.

(e) Time Limitations. If either of us wants to assert a Dispute against the other, the party with a Dispute must institute arbitration within one (1) year from the date the Dispute arose. Absent commencing the arbitration within one (1) year from the date the Dispute arose, the Dispute(s) will be forever barred.

(f) Severability. With the exception of subsection (b) above, if any part of this Section is ruled to be unenforceable, then the balance of this Section shall remain in full effect and construed and enforced as if the portion ruled unenforceable were not contained herein. If subsection (b) above is ruled to be unenforceable, then subsection (a) shall be deemed unenforceable, but the rest of this Section shall remain in full effect.

Additional Disclosures

No waiver by either you or Dental Shop of any breach or default or failure to exercise any right allowed under these Terms of Use is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under our Terms of Use. The section headings used herein are for convenience only and shall be of no legal force or effect.

You are contracting with Dental Shop, LLC. Correspondence should be directed to: Dental Shop, LLC, ATTN: Andrea Berk, 6601 S. Tamiami Trail, Suite 178, Sarasota, Florida 34231.

If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

The provisions of these Terms of Use apply equally to and are for the benefit of Dental Shop, its subsidiaries, affiliates, Advertisers and third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly.